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Don’t Know What the Clean Power Plan Is? Let’s Fix That

The Clean Power Plan may be the centerpiece of the Obama
administration’s plan to combat climate change, but most Americans don’t know
much about it, according to a survey released this week by the University of
Maryland’s Program for Public Consultation. Almost 70 percent of respondents said they’d heard “little or nothing”
about the regulation, which means they’ve missed out on the more than 700
stories we’ve published on the Clean Power Plan over the past two years.

Here’s a high-level overview of what you need to know about
this major EPA initiative, as well as some links to past coverage if you want
to go down a wonky climate rabbit hole.

What
Would It Do?

Simply put, the Clean
Power Plan is an attempt by the Environmental Protection Agency to reduce carbon
dioxide emissions from U.S. power plants as part of a larger goal to combat
climate change. The agency projects that once fully implemented in 2030, power
sector emissions of carbon dioxide will be 32 percent lower than they were in
2005.

The Clean Power Plan is a key factor in the U.S.’s ability to
meets its commitments under the Paris Agreement, a historic international
agreement to combat climate change. Under that agreement, the U.S. pledged to
cut its overall greenhouse gas emissions 26 percent to 28 percent by 2025,
compared to 2005 levels. The U.S. formally signed onto the Paris Agreement in
April, and the Obama administration’s top climate negotiator told Bloomberg
BNA’s Dean Scott that it is
possible that enough countries could sign on for the deal to go into effect
before then end of 2016 in Paris Pact May Even Take
Effect in 2016, U.S. Envoy Says.

How Does
It Do It?

The Clean Power Plan set emissions rate targets for 48 states
(Alaska and Hawaii are exempt) to be met through a phase-in period that runs
from 2022-2030. While states are allowed to come up with their own individual
plans to meet those emissions rate targets, the EPA suggested three “building
blocks” to help cut power sector emissions: heat rate improvements at existing
plants, expanded use of power plants fueled by natural gas (which is more
climate-friendly than burning coal), and investment in new renewable energy
(ie: solar, wind).

Since each state got its own emissions rate target under the
Clean Power Plan, the EPA gave states time to work on their own plans for how
to meet that goal. However, in February, the U.S. Supreme Court issued a stay of the rule, which effectively
froze any obligations that states had under the Clean Power Plan until
litigation is resolved, which could take years.

Litigation?
Who is Suing?

The Clean Power Plan is being challenged by a number of states
(including West Virginia and Texas), utilities and industry groups. They argue
that the EPA acted outside its authority by issuing a regulation that would
transform the nation’s power sector. A coalition of 200 lawmakers, including
Sens. Mitch McConnell (R-Ky.), James Inhofe (R-Okla.) and Joe Manchin (D-W.V.),
told a federal appeals court in February that Congress has not authorized the
EPA to transform the power sector
in the way envisioned by the CleanPowerPlan. Read
more in this story from Andrew, 200 Lawmakers Say EPA
Carbon Plan Oversteps Authority.

The Clean Power Plan is being supported by numerous Democratic
lawmakers, Democratic presidential candidate Bernie Sanders, environmental and
public health organizations that support climate action and even major
corporations like Google and Apple. For more on their arguments in support of
the EPA, check out this story from Andrew, Clean Power
Plan Supporters Back EPA's Authority.

If The
Supreme Court Stayed the Rule, That’s Bad for EPA’s Chances, Right?

It originally looked that way, given that the Supreme Court
decided to stay the Clean Power Plan in a 5-4 vote. However, less than a week
after the court issued the stay, Justice Antonin Scalia, who voted in favor of
the stay, passed away. Attorneys and legal scholars predicted that Scalia’s
passing improved the odds that the Clean Power Plan would ultimately be upheld.

Sure All
This Information Is Great, But What Does Trump Think About It?

Presumptive Republican presidential nominee Donald Trump, in a
March survey released by the American Energy Alliance, promised that he would
review all EPA rules, including the Clean Power Plan, for possible elimination if he were to be elected. Trump, when asked if
the carbon dioxide limits exceeded the EPA’s authority, said the Obama
administration had “committed an overreach that punishes rather than helps
Americans.”

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